In what condition must leased chips come back, and who stores them?
Equipment returned to Broadcom must be in as good condition as when delivered, fair wear and tear excepted, complete with all parts, with the lessee’s marks removed and all personal information and third-party data wiped. It must comply with law and be free of liens. The lessee hands over maintenance records and logs and, if asked, stores the pods at its cost at the data centre for the period the access agreement allows after a default. Data wiping is the new term an aircraft lease never needed. Dell Financial’s framework agreement also requires all data to be wiped before return.
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What the filed contracts say
Contract
What the filed wording says
Broadcom TPU lease to Anthropic
Returned equipment must be in as good condition as when delivered, fair wear and tear excepted, and complete.
Broadcom TPU lease to Anthropic
All personal information and third-party data must be removed.
Broadcom TPU lease to Anthropic
The lessee returns maintenance records, logs and certificates.
Broadcom TPU lease to Anthropic
The lessee stores returned pods at its cost for the post-default access period.
Dell Financial–Nscale framework agreement
Dell Financial: the customer removes all data, including personal data, and returns the servers where the funder says, at its own cost.
Dell Financial–Nscale framework agreement
Dell Financial: alterations become the funder’s property on return.
The filed wording
Section 17.03 Condition of Equipment on Return. Lessee shall cause any Equipment (including any Pod) returned to Lessor under this Master Agreement and any Schedule to be: (a) in as good condition as when Delivered to Lessee (reasonable wear and tear excepted) and complete with all Parts, including the removal of (i) any marks that Lessee is permitted to apply to the Equipment under the applicable Schedule and (ii) all Personal Information and third-party data from such Equipment; (b) in compliance in all material respects with applicable Law; and (c) free and clear of all Liens.
Broadcom master equipment lease of Google TPU8i pods to an Anthropic subsidiary, section 17.03 · Anthropic S-1/A, Exhibit 10.11
Each extract is quoted from the contract as filed with the SEC, checked against the filed text when it was added; “…” marks words left out. Filers redact commercial terms, so a [***] or [*] is the filer's, not ours. The summaries describe the wording, not how a court would read it, and each contract's defined terms and other clauses can change the effect. General information drawn from public filings. It is not legal advice on any transaction, and using this page does not create a lawyer-client relationship. Views are personal.
InfraCompute Weekly
The week in compute finance, read from the filings.
Deals, terms and the clauses behind them, for the people financing data centres, GPU clouds and the power behind them. By Randeep Bubbra.